Utah Department of Administrative Services

Division of Archives & Records Service

State Records Committee Appeal 95-06

BEFORE THE STATE RECORDS COMMITTEE OF THE STATE OF UTAH

THE HERALD JOURNAL, Appellant, v.

UTAH STATE UNIVERSITY, Appellee

DECISION AND ORDER, Case No. 95-06.

Appellant, The Herald Journal, seeks an order reversing Appellee's denial of Appellant's request for copies of contracts Appellee has with Larry Eustachy and John L. Smith that are held by Appellee.

At the hearing before the Records Committee held July 18, 1995, Appellant was represented by Jeffery J. Hunt, Esq. and Appellee was represented by Craig J. Simper, Esq. The State Records Committee, having reviewed the written materials submitted by the parties and having heard testimony, argument and comment, now issues the following decision and order.

STATEMENT OF REASONS FOR DECISION

The Appeal is granted. The documents requested are public records under Utah Code Ann. 63-2-301(2)(d) and (e) (Supp. 1994). As such, copies thereof are releasable to Appellant under Utah Code Ann. 63-2-201 (Supp. 1994).

ORDER

WHEREFORE, it is ordered that Appellant's appeal is granted.

RIGHT TO APPEAL

Either party may appeal this Decision and Order to district court. The petition for review must be filed no later than 30 days after the date of this order. The petition for judicial review must be a complaint. The complaint and the appeals process are governed by the Utah Rules of Civil Procedure and by Utah Code Ann. 63-2-404 (1993) and 63-2-502(7) (Supp. 1994). The Court is required to make its decision de novo. In order to protect its right of appeal, a party may wish to seek advice from an attorney.

Entered this 20th day of July, 1995.

MAX J. EVANS,
Chair, State Records Committee